[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2244 Introduced in Senate (IS)]

  2d Session
                                S. 2244

   To protect the public's ability to fish for sport, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2004

 Mrs. Hutchison (for herself and Mr. Breaux) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To protect the public's ability to fish for sport, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This bill may be cited as the ``Freedom to Fish Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Recreational fishing is traditionally the most popular 
        outdoor sport with more than 50,000,000 participants of all 
        ages, in all regions of the country.
            (2) Recreational anglers makes a substantial contribution 
        to local, State, and national economies and infuse 
        $116,000,000,000 annually into the national economy.
            (3) In the United States, more than 1,200,000 jobs are 
        related to recreational fishing, a number that is approximately 
        1 percent of the entire civilian workforce in the United 
        States. In communities that rely on seasonal tourism, the 
        expenditures of recreational anglers result in substantial 
        benefits to the local economies and small businesses in those 
        communities.
            (4) Recreational anglers have long demonstrated a 
        conservation ethic. In addition to payment of Federal excise 
        taxes on fishing equipment, motorboats and fuel, as well as 
        license fees, recreational anglers contribute more than 
        $500,000,000 annually to State fisheries conservation 
        management programs and projects.
            (5) It is a long standing policy of the Federal Government 
        to allow public access to public lands and waters for 
        recreational purposes in a manner that is consistent with 
        principals of sound conservation. This policy is reflected in 
        the National Forest Management Act of 1976, the Wilderness Act, 
        the Wild and Scenic Rivers Act, and the National Parks and 
        Recreation Act of 1978.
            (6) In most instances, recreational fishery resources can 
        be maintained without restricting public access to fishing 
        areas through a variety of management measures including take 
        limits, minimum size requirements, catch and release 
        requirements, gear adaptations, and closed seasons.
            (7) A clear policy is required to demonstrate to 
        recreational anglers that recreational fishing can be managed 
        without unnecessarily prohibiting such fishing.
            (8) A comprehensive policy on the implementation, use, and 
        monitoring of marine protected areas is required to maintain 
        the optimum balance between recreational fishing and sustaining 
        recreational fishery resources.

SEC. 3. POLICY.

    It is the policy of the United States to promote sound conservation 
of fishery resources by ensuring that--
            (1) Federal regulations promote access to fishing areas by 
        recreational anglers to the maximum extent practicable;
            (2) recreational anglers are actively involved in the 
        formulation of any regulatory procedure that contemplates 
        imposing restrictions on access to a fishing area; and
            (3) limitations on access to fishing areas by recreational 
        anglers are not imposed unless such limitations are 
        scientifically necessary to provide for the conservation of a 
        fishery resource.

SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT 
              AMENDMENTS.

    (a) Limitation on Closures.--Section 303(a) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended 
by adding at the end the following:
            ``(15) not establish geographic areas where recreational 
        fishing is prohibited unless--
                    ``(A) clear indication exists that recreational 
                fishing in such area is the cause of a specific 
                conservation problem in the fishery;
                    ``(B) no alternative conservation measures related 
                to recreational fishing, such as gear restrictions, 
                quotas, or closed seasons will adequately provide for 
                conservation and management of the fishery;
                    ``(C) the management plan--
                            ``(i) provides for specific measurable 
                        criteria to assess whether the 
prohibition provides conservation benefits to the fishery; and
                            ``(ii) requires a periodic review to assess 
                        the continued need for the prohibition not less 
                        than once every 3 years;
                    ``(D) the best available scientific information 
                supports the need to close the area to recreational 
                fishing; and
                    ``(E) the prohibition is terminated as soon as the 
                condition in subparagraph (A) that was the basis of the 
                prohibition no longer exists.''.
    (b) Technical Amendments.--Such section is further amended--
            (1) in paragraph (13), by striking ``and'' after the 
        semicolon; and
            (2) in paragraph (14), by striking ``fishery.'' and 
        inserting ``fishery; and''.

SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT.

    Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C. 
1434(a)(5)) is amended to read as follows:
            ``(5) Fishing regulations.--
                    ``(A) In general.--The Secretary shall provide the 
                appropriate Regional Fishery Management Council with 
                the opportunity to prepare, and to revise from time to 
                time, draft regulations for fishing within the 
                exclusive economic zone as the Council may deem 
                necessary to implement the proposed designation.
                    ``(B) Relationship to magnuson.--Draft regulations 
                prepared by the Council under subparagraph (A) shall be 
                made in accordance with the standards and procedures of 
                the Magnuson Act.
                    ``(C) Regulation within a state.--Such regulations 
                may regulate a fishery within the boundaries of a State 
                (other than the State's internal waters) if--
                            ``(i) the Governor of the State approves 
                        such regulation; or
                            ``(ii) the Secretary determines, after 
                        notice and an opportunity for a hearing in 
                        accordance with section 554 of title 5, United 
                        States Code, that the State has taken any 
                        action, or omitted to take any action, the 
                        results of which will substantially and 
                        adversely affect the fulfillment of the 
                        purposes and policies of this Act and the goals 
                        and objectives of the proposed designation.
                    ``(D) Notification and hearing.--If the Secretary 
                makes a determination under subparagraph (C)(ii) to 
                regulate a fishery within the boundaries of such State 
                (other than State's internal waters)--
                            ``(i) the Secretary shall promptly notify 
                        the State and the appropriate Council of such 
                        determination;
                            ``(ii) the State may request that a hearing 
                        be held pursuant to section 554 of title 5, 
                        United States Code; and
                            ``(iii) the Secretary shall conduct a 
                        hearing requested under clause (ii) prior to 
                        taking any action to regulate a fishery within 
                        the boundaries of such State (other than the 
                        State's internal waters) under subparagraph 
                        (C)(ii).
                    ``(E) Termination of regulation within a state.--If 
                the Secretary, pursuant to a determination under 
                subparagraph (C)(ii), assumes responsibility for the 
                regulation of any fishery, the State involved may at 
                any time thereafter apply to the Secretary for 
                reinstatement of its authority over such fishery. If 
                the Secretary finds that the reasons for which the 
                Secretary assumed such regulation no longer prevail, 
                the Secretary shall promptly terminate such 
                regulation.''.
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